Workplace Relations Structures Previous Systems Two Statutorily Independent

Workplace Relations Structures

Previous Systems

Two Statutorily Independent Bodies – Sharing Services Workplace Shared Labour Relations Services Court (Rights and interest Commission appeals /decisions) Inspection, Information, Mediation, adjudication.

The Labour Court § Not an ordinary Court § Sits as three person panel § Each panel made up of Employer nominee / worker nominee / Chair [all employees of the Court] § Single appeal forum for all employment rights appeals § Court of last resort in non-binding interest disputes. § Rights decisions appealable on a point of law / JR

New Functional Structure

Adjudication § First instance complaints for adjudication are heard by WRC Adjudication Officers Sitting alone § Appointments through open public competition-Minister appoints to WRC panel § Accredited training programme provided § Standardised time limits for presentation of complaint (6 months with extension to 12 months for reasonable cause) § Hearing (one) § Representatives allowed § Decision appealable to Labour Court (Circuit Court for Equal Status complaints) within 42 days of Decision (extendable by Court in exceptional circumstances) § Decisions and Labour Court determinations enforceable by complainant/trade union through the District Court (if not implemented within 42 days) § Appeal to High Court on point of law only / Judicial Review

Single Decisions Database Holds over 33, 000 decisions of Labour Court, EAT and Equality Tribunal

Mediation/Early Resolution § Early Resolution Service (mediation by phone) for less complex cases § Face to face Mediation for more complex cases-Equality and Unfair Dismissal cases § Mediation delivered by Mediation Officers-Mediation Conferences § Voluntary for both parties § No loss of right to adjudication or inspection § No disadvantage in waiting times § Deliberations and outcomes are confidential to parties § Resolution terms binding on parties-actionable in court

Compliance & Inspection § WRC Inspectors § Provision for Compliance Notices § Steps to be taken by employers to rectify contraventions § Appeal to Labour Court against Compliance Notices § Provision for Fixed Payment Notices for scheduled offences § Encourage compliance and avoid expensive and time-consuming prosecutions § Failure to pay-District Court

Measuring Effectiveness § Handling employment and equality law issues efficient, effective and straightforward ? § Reducing need for legal representation ? § Minimal cost for employers, employees & the State ? § Good compliance with employment law ? § Single point of entry for all services understood ? § All complaints on one form § Consistent time limits for making complaints and appeals ? § On-line complaint submission and tracking facility taken up ? § Early Resolution and Mediation services taken up ? § Disputes settled in a more conciliatory, less costly fashion ? § Reducing the number of cases for adjudication ? § Effective compliance and enforcement ?

Further Information Further information is available on www. workplacerelations. ie